Ministry of Commerce Announcement No. 7 of 2021 on the Final Ruling of the Anti-subsidy Investigation on Imported Wine Originating in Australia
By: Date: 2021-03-28 Categories: authoritativerelease Tags: ,
   According to the”Countervailing Regulations of the People’s Republic of China” (hereinafter referred to as the”Countervailing Regulations”), on August 31, 2020, the Ministry of Commerce (hereinafter referred to as the investigation The agency) issued Announcement No. 35 of 2020, deciding to initiate an anti-subsidy investigation on imported wines originating in Australia (hereinafter referred to as the product under investigation).

   Whether the investigating agency has subsidies and subsidies for the products under investigation, whether the products under investigation have caused damage to domestic industries and the extent of damage, and the causal relationship between subsidies and damage We conducted a survey. According to the investigation results and the provisions of Article 25 of the Countervailing Regulations, on December 10, 2020, the investigation authority issued a preliminary ruling announcement, preliminarily determining that there is a subsidy for imported wine originating in Australia, and the domestic wine industry is substantively affected. Damage, and there is a causal relationship between subsidies and material damage.

   After the preliminary ruling, the investigating agency continued to investigate the subsidy and subsidy amount, damage and damage degree, and the causal relationship between subsidy and damage. Now that the investigation of this case is over, in accordance with Article 26 of the Countervailing Regulations, the investigating agency has made a final ruling (see Annex 2 of the announcement). The relevant matters are announced as follows:

  1. Final ruling

  The investigation authority finally determined that there is a subsidy for imported wines originating in Australia, the domestic wine industry has suffered substantial damage, and there is a causal relationship between the subsidy and the material damage .

   2. Countervailing measures

   In view of the fact that the investigating agency initiated an anti-dumping investigation on August 18, 2020 against imported wines originating in Australia, and the investigating agency determined that there was dumping and damage, dumping and There is a causal relationship between the damages, and the Ministry of Commerce decided to impose anti-dumping duties with the approval of the Tariff Commission of the State Council. In order to avoid double taxation, with the approval of the Tariff Commission of the State Council, the Ministry of Commerce decided not to impose countervailing duties on imported wines originating in Australia.

  The specific description of the product under investigation is as follows:

   Survey scope:Imported wine originating in Australia packed in containers of 2 liters or less.

  The name of the product under investigation:wine in a container of 2 liters or less, referred to as”related wine”.

  English name:Wines in containers holding 2 liters or less.

  Product description:Use fresh grapes or grape juice as raw materials, fully or partially fermented and brewed wine into a container of 2 liters or less.

   Main purpose:Mainly used as beverages for human consumption.

  The product is listed in the”Import and Export Tariff of the People’s Republic of China”:22042100.

   The ad valorem subsidy rate of each company is listed in Annex 1 of this announcement.

   3. Refund of Temporary Countervailing Tax Deposit

   In view of the decision of the Ministry of Commerce not to impose countervailing duties on imported wines originating in Australia, relevant import operators shall follow the Ministry of Commerce Announcement No. 58 of 2020 from 2020 From December 11 to March 27, 2021, the temporary countervailing duty deposit provided to the Customs of the People’s Republic of China, as well as the corresponding import link value-added tax deposit and import link consumption tax deposit, will be refunded by the customs.

   Fourth, review

  Relevant interested parties may apply to the investigation authority for review in accordance with the relevant provisions of the”County Subsidy Regulations of the People’s Republic of China”.

   5. Administrative reconsideration and administrative litigation

   dissatisfied with the final decision of this case, according to the relevant provisions of Article 52 of the”County Subsidy Regulations of the People’s Republic of China”, you can apply for administrative reconsideration according to law, or you can File a lawsuit in the people’s court.

   This announcement will be implemented from March 28, 2021.



   Ministry of Commerce

   March 26, 2021